Calanza vs PICOP

(G.R. No. 146622, April 24, 2009)

FACTS:
Petitioners Leonora P. Calanza, Eva M. Amoren,
Gene P. Roo, Sanny C. Calanza, Gregorio C.
Yncierto II, and Angel M. Puyo filed with the Mines
and Geo-Sciences Development Service, DENR
Region XI, of Davao City, applications for small-scale
mining permits for the purpose of extracting gold.
The governor of Davao Oriental, Rosalind Y. Lopez,
approved the applications and issued 6 small-scale
mining permits in favor of the petitioners.
Since the mining areas applied for by petitioners were
within the respondent Paper Industries Corporation of
the Philippines (PICOP) logging concession area
under Timber License Agreements (TLAs), petitioners
negotiated with PICOP for their entry into the mining
site at Barangay Catihan, Municipality of Boston,
Davao Oriental.


PICOP refused petitioners entry into the mining
area; that mining permits cannot be issued over
areas covered by forest rights such as TLAs or
forest reservations unless their status as such is
withdrawn by competent authority.
Petitioners filed a Complaint for Injunction with
Prayer for the Issuance of a Restraining Order,
Damages and Attorneys Fees against PICOP.
RTC ruled in favor of the petitioners. The RTC
ruled that the governor is vested with the power to
issue the small-scale mining permits to the
petitioners.
The Court of Appeals reversed the RTC Decision.
The CA ruled that the governor has no power to
issue small-scale mining permits since such
authority under Section 9 of Republic Act No. 7076
is vested with the Provincial Mining Regulatory
Board.




ISSUE: Whether or not the small-scale mining permits
of petitioners are valid
RULING:
No. Under PD No. 1899, applications of small-scale
miners are processed with the Director of the Mines
and Geo-Sciences Bureau. Pursuant to Republic Act
No. 7076, which took effect on 18 July 1991, approval
of the applications for mining permits and for mining
contracts are vested in the Provincial/City Mining
Regulatory Board.
Petitioners filed their small-scale mining permits on
23 August 1991, making them bound by the
procedures provided for under the applicable and
prevailing statute, Republic Act No. 7076.
Instead of processing and obtaining their permits from
the Provincial Mining Regulatory Board, petitioners
were able to get the same from the governor of
Davao del Norte. Considering that the governor is
without legal authority to issue said mining
permits, the same permits are null and void.
Petition is denied.



FACTS:
Eduardo D. Mercado, Benedicto S. Cruz, Gerardo R.
Cruz and Liberato Sembrano filed with the Provincial
Environment and Natural Resources Office (PENRO) of
Bulacan their respective Applications for Quarry Permit
(AQP), which covered the same area subject of Golden
Falcon's Application for Financial and Technical
Assistance Agreement.
Atlantic Mines and Trading Corporation (AMTC) filed
with the PENRO of Bulacan an Application for
Exploration Permit (AEP) covering the same area.
MGB R-III Director Cabantog, who was the concurrent
Chairman of the PMRB, endorsed to the Provincial
Governor of Bulacan, Governor Josefina M. dela Cruz,
the aforesaid Applications for Quarry Permit that had
apparently been converted to Applications for Small-
Scale Mining Permit of Eduardo D. Mercado.


League of Provinces of the
Philippines vs. DENR, (G.R. No.
175368, April 11, 2013)

Governor Dela Cruz issued the corresponding Small-Scale
Mining Permits in favor of Eduardo D. Mercado, et., al.
AMTC appealed to respondent DENR Secretary the grant
of the aforesaid Small-Scale Mining Permits.
Respondent DENR Secretary rendered a Decision

in favor
of AMTC. The DENR Secretary held that the questioned
Small-Scale Mining Permits were issued in violation of
Section 4 of R.A. No. 7076 and beyond the authority of the
Provincial Governor pursuant to Section 43 of R.A. No.
7942, because the area was never proclaimed to be under
the People's Small-Scale Mining Program.
Petitioner League of Provinces filed this petition for
certiorari, prohibition and mandamus praying to order the
following: ( 1) declare as unconstitutional Section
17(b)(3)(iii) of Republic Act (R.A.) No. 7160, otherwise
known as The Local Government Code of 1991 and
Section 24 of Republic Act (R.A.) No. 7076, otherwise
known as the People's Small-Scale Mining Act of 1991; (2)
prohibit and bar respondents from exercising control over
provinces; and (3) declare as illegal the respondent
Secretary of the Department of Energy and Natural
Resources' (DENR) nullification, voiding and cancellation
of the Small-Scale Mining permits issued by the Provincial
Governor of Bulacan.



ISSUES:
1. Whether or not Sec. 17(B)(3)(III) of the
1991 Local Government Code and Sec. 24
of the Peoples Mining Act of 1991 are
unconstitutional for providing for executive
control and infringing upon the local
autonomy of provinces.
2. Whether or not the act of Secretary of the
DENR in nullyfing, voiding and cancelling
the small-scale mining permits amounts to
executive control, not merely supervision
and usurps the devolved powers of all
provinces.
RULING:
1. No, Sec. 17 (b)(3)(iii) of the Local Govt code of 1991
and Sec. 24 of RA no. 7076 are constitutional.
The Local Government Code did not fully devolve the
enforcement of the small-scale mining law to the
provincial government, as its enforcement is subject to
the supervision, control and review of the DENR, which
is in charge, subject to law and higher authority, of
carrying out the State's constitutional mandate to
control and supervise the exploration, development,
utilization of the country's natural resources.
Section 17 (b)(3)(iii) of the Local Government Code of
1991 is in harmony with R.A. No. 7076 or the People's
Small-Scale Mining Act of 1991, which established a
People's Small-Scale Mining Program to be
implemented by the Secretary of the DENR.

2. No. The Court finds that the decision of the DENR
Secretary was rendered in accordance with the power
of review granted to the DENR Secretary in the
resolution of disputes, which is provided for in Section
24 of R.A. No. 707651 and Section 22 of its
Implementing Rules and Regulations.
The DENR Secretary's power to review and, therefore,
decide, in this case, the issue on the validity of the
issuance of the Small-Scale Mining Permits by the
Provincial Governor as recommended by the PMRB, is
a quasi-judicial function, which involves the
determination of what the law is, and what the legal
rights of the contending parties are, with respect to the
matter in controversy and, on the basis thereof and the
facts obtaining, the adjudication of their respective
rights.

The DENR Secretary exercises quasi-judicial function
under R.A. No. 7076 and its Implementing Rules and
Regulations to the extent necessary in settling disputes,
conflicts or litigations over conflicting claims. This quasi-
judicial function of the DENR Secretary can neither be
equated with "substitution of judgment" of the Provincial
Governor in issuing Small-Scale Mining Permits nor
"control" over the said act of the Provincial Governor as
it is a determination of the rights of AMTC over
conflicting claims based on the law.